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Uniform civil code in India

Article
44 of the Constitution directs the State to provide a Uniform Civil Code
throughout the territory of India. Article 44 which is one of the Directive
Principles of State Policy reads as “The State shall endeavor to secure for the
citizens a uniform civil code throughout the territory of India.” It envisages
administering the same set of secular civil laws to govern different people
belonging to different religions and regions. This supersedes the right of
citizens to subject themselves to different personal laws based on their
religion or ethnicity.

The common areas covered by a civil code include:
marriage, divorce, adoption and rights relating to acquisition and
administration of property. The laws of India, be it procedural or substantial govern
every citizen, irrespective of religion, caste or creed. But in matters of
marriage, divorce and inheritance, citizens are governed by diverse laws
depending on their religion, which are termed as personal laws, though religion
is not merely a matter of personal choice. To bring all the citizens within the
ambit of common law, there must be a uniform civil code applicable throughout
the country.

However,
uniform civil code is only a Directive Principle of State Policy therefore it
cannot be enforced in a court of law. Presently uniform civil code is
implemented only in the State of Goawhich
harmoniously brings all religions under the umbrella of a common civil code and
Muslims, Hindus and Christians are bound by the same laws relating to marriage,
divorce and succession.

Need of Uniform Civil code

1.There are many
personal laws for different-different communities which are creating
unnecessary burden on the legal system. Implementing a uniform civil code will
reduce burden on legal system.

2.If there will be
a common law for all the religions and communities, it will bring unity in the
country.

3.As there are
different laws in the country, we are not secular in true sense. Laws should
have nothing to do with the religions. Enacting uniform civil code will promote
secularism.

4.Politicians are
using religion for gaining vote-bank. If there will be a common law in the
country, then it will bring an end to religion based vote bank politics.

5.Religiously
motivated laws are mostly discriminatory to women and gender biased. All laws
must treat both men and women equally. No religious law should be able to
override this fundamental principle. That means polygamy, unfair inheritance
and unfair divorce laws allowed for minority groups must be done away with.

6.Hindus gets tax
exemption under Hindu Undivided Family while Muslims are exempted from
registering a gift thus saving stamp duty. These benefits are purely based on
religion and hence they are unconstitutional.

7.The laws of our
land are not made to please any specific religion so there must be common law
for all the religions and communities.

8.Different laws
for different religions and communities create confusion.

9.The constitution
demands implementation of uniform civil code as it is one of the directive
principles of state policy.

Landmark Judgments:

In
the case of Mohd. Ahmed Khan vs. Shah
Bano Begum, 1985 SC, which pertains to the liability of a Muslim husband to
maintain his divorced wife beyond iddat period, who is not able to maintain
herself, the Supreme Court held that Section 125 of Cr. P. C which imposes such
obligation on all the husbands is secular in character and is applicable to all
religions.

In
Sarala Mudgal vs. Union of India, 1995
SC, a division bench of the Supreme Court strongly advocated the introduction
of a Uniform Civil Code in India. In this case the Supreme Court held that
conversion of a Hindu male to Islam only for the purpose of contracting a
second marriage is bigamous and Section 494 of Indian Penal Code is applicable
in such a case.

In
John Vallamattom vs. Union of India,
2003 SC, the Supreme Court strike down
section 118 of the Indian Succession Act, 1925 as violative of Article 14 of
the Constitution. Apex Court held that Article 44 which provides for uniform
civil code is based on the premise that there is no necessary connection
between religious and personal law in a civilized society. Article 25 of the
Constitution confers freedom of conscience and free profession, practice and
propagation of religion. The aforesaid two provisions viz. Articles 25 and 44
show that the former guarantees religious freedom whereas the latter divests
religion from social relations and personal law.

In
Maharshi Avadesh v. Union of India,
1993 SC, Supreme Court specifically declined to issue a writ directing the
respondents to consider the question of enacting a Common Civil Code for all
citizens of India holding that the issue raised being a matter of policy, it
was for the Legislature to take effective steps as the Court cannot legislate.